Karnataka High Court
CRL.A/2111/2024 of THE STATE BY SUB-INSPECTOR OF POLICE, Vs YASHAVANTH K on 16 September 2026
CNR: KAHC010628272024 NC: 2026:KHC:50415 CRL.A No. 2111 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2111 OF 2024 ( A -) BETWEEN: 1. THE STATE BY SUB-INSPECTOR OF POLICE,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 2111 OF 2024 (A-)
BETWEEN:
1.
THE STATE BY SUB-INSPECTOR OF POLICE,
DEVARAJA POLICE STATION, MYSURU,
REPTD. BY THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
BENGALURU - 1
…APPELLANT
(BY SRI. K. NAGESHWARAPPA, HCGP)
AND:
1.
YASHAVANTH K
S/O LATE KRISHNAMURTHY,
AGED ABOUT 34 YEARS,
R/AT NO.4475
FLAT NO.3, 6TH CROSS,
ST. MARY'S ROAD,
N.R.MOHALLA,
MYSURU - 570001.
2.
VINODA P @ KAPPE
S/O LATE PUTTARAJU,
AGED ABOUT 27 YEARS,
R/AT NO. 2432,
NEAR ARALIKATTE,
7TH CROSS, 3RD MAIN,
KAILASAPURAM,
MANDI MOHALLA,
MYSURU - 570001.
3.
THAMEEM PASHA @ GIDDU
S/O AMJAD PASHA,
AGED ABOUT 21 YEARS,
R/AT NO. 302, 4TH CROSS,
Digitally signed by
LAKSHMINARAYAN N
Location: High Court of
Karnataka
HC-KAR
KYATHAMARANAHALLI,
MYSURU - 570019.
4.
KARTHIK D C
S/O DAYVA SANKALPA,
AGED ABOUT 26 YEARS,
R/AT NO. 329/A, 5TH CROSS,
K.N.PURA, UDAYAGIRI,
MYSURU - 570019.
5.
SHIVU
S/O LATE RAJUNAYAKA,
AGED ABOUT 22 YEARS,
R/AT NAYAKARA STREET,
PALYA, CHAMARAJANAGARA TALUK
CHAMARAJANAGARA DISTRICT - 571313
…RESPONDENTS
(BY SRI. SYED AKBAR PASHA., ADVOCATE)
CRL.A FILED U/S 378 (1) AND (3) OF CR.P.C. BY THE
ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TOA) GRANT LEAVE TO
APPEAL AGAINST THE JUDGEMENT AND ORDER OF ACQUITTAL
DTD 25.06.2024 PASSED IN CRIMINAL CASE NO.2229/2019
PASSED BY THE JMFC-IV COURT, MYSURU AND THEREBY
ACQUITTING THE ACCUSED FOR THE OFFENCES P/U/S
143,147,341,504,323,325,506 R/W 34 OF IPC AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
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ORAL JUDGMENT
1. Heard on both sides.
2. The State has preferred this appeal against the judgment and order of Acquittal dated 25.06.2024 passed
HC-KAR
in CC.No.2229/2019 by the IV JMFC, Mysuru, for the commission of offence under Sections 143, 147, 341, 504, 323, 325 and 506 read with Section 149 of IPC 1860. The alleged offence under Section 325 is punishable with imprisonment for 7 years with fine and it is a cognizable offence. In view of Section 378(1)(a) of Cr.P.C, the State has to prefer appeal to the Court of Sessions from an order of Acquittal passed by a Magistrate in respect of cognizable and non-bailable offence as the offence under Section 325 is a cognizable offence, appeal lies to the Court of Sessions. Hence, I proceed to pass the following:
O R D E R
(i) Appellant/State is permitted to present this appeal before the Court of Sessions as contemplated under Section 378(1)(a) of Cr.P.C.;
(ii) The Registry is directed to return the appeal memo along with necessary particulars to
HC-KAR
the State, to present the same before the concerned Court of Sessions.
Accordingly, the appeal is disposed of.
Sd/- (G BASAVARAJA) JUDGE
DHA LIST NO.: 1 SL NO.: 54